WOTC Questions: If I have a new hire who would have qualified, and it is after the 28 days, can I release them and re-hire to meet the 28 day rule?

At CMS, as Work Opportunity Tax Credit (WOTC) experts and service providers since 1997, we receive a lot of questions via our website.

CMS Says: The Work Opportunity Tax Credit program is an incentive for employers to hire new employees from the target groups. Unfortunately, if you terminate the employee, and then later rehire them, they would no longer be eligible as a rehire. This is why it’s critical for employers to be aware of the 28-day rule, which requires employers, or a service provider like CMS, to submit qualified applicants to the state workforce agency within 28-days of the employee’s start date.

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